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Comes Now the Plaintiff // Our Litigious Society

A Maine visitor's trip to Busch Gardens ended with an exciting ride, not on a high-action roller coaster, but on the parking-lot tram.

According to a lawsuit filed last week in Hillsborough Circuit Court, Jon Alfred Blumberg was on the tram May 14, 1992, when it jerked ahead.

"After Plaintiff entered the Sunliner tram and seated himself in a seat which was not provided with any type of seat belt, guard gate or strap across the side entrance that would prevent Plaintiff from being ejected from the tram, Plaintiff, having dropped his camera, leaned down to pick it up and was ejected from the tram."

The lawsuit claims Chance Coach Inc. was negligent and strictly liable for building the tram without a guard on the side of the passenger area. It also claims Busch Entertainment Inc. was negligent for using such a tram, for not warning passengers of possible ejection and for improperly training or monitoring the driver.

The accident left Blumberg with "profound shock, great pain" and 10 specific injuries, including right temporal lobe contusion, traumatic loss of taste and smell, and sinusitus.